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Police Chief Still an Executive Under FLSA Even While Walking the Beat, Says VT Superior Court

A former police chief in Vermont was correctly classified as exempt under the Fair Labor Standards Act’s executive exemption — despite the fact that he frequently had to perform patrol work — because the bulk of his duties were still considered managerial, the Vermont Supreme Court ruled Aug. 10. In spite of his status as […]

When do employees have a duty to mitigate termination claim?

by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]

USI Advisors to Pay $1.3 Million to 13 DB Plans Over Mutual Fund Fee Disclosure

A Connecticut-based fiduciary investment adviser agreed in a settlement to pay about $1.3 million to 13 pension plans to resolve alleged ERISA violations related to mutual fund fees the firm received. USI Advisors Inc. made investments in mutual funds on behalf of ERISA-covered defined benefit plan clients and received 12b-1 fees from those funds, according […]

Fears of Increased ‘Leakage’ Drive Efforts to Insure, Toughen Retirement Plan Borrowing

Concerns are mounting in the United States about the increase in retirement plan “leakage” — hardship early withdrawals and loans being taken against such plans during tough economic times. As more Americans deplete their retirement savings to meet emergency expenses resulting from long-term unemployment, tightened credit or high medical expenses, policy makers are seeking ways […]

Could Sexual Harassment Training Have Prevented This Controversial Ruling in the First Place?

In 2007, the Equal Employment Opportunity Commission (EEOC) sued on behalf of a class of female tractor-trailer drivers against a large interstate trucking firm. But judges in two federal courts have now virtually thrown the case out. What happened. CRST Van Expedited is the trucking firm, and one of its female trainees complained to EEOC […]

Harassment Policies Still #1, But Social Media Biggest Challenge (Policy Survey Results)

Thanks to all who participated! Here are the detailed results: Most Common HR Policies The most widely implemented policy, according to our survey respondents, is harassment and/or discrimination with 94.5% having such a policy, followed closely by employee leave at 91.1%. Also above the 90% mark are computer and Internet use, confidentiality and proprietary information, […]

Sensitive conversations need to pass the ‘smell test’

HR professionals may not go looking for trouble, but that doesn’t mean trouble doesn’t go looking for HR. Complaining employees regularly find their way to HR and often demand a solution to a problem they either don’t want to handle themselves or should leave to management. One such problem is a coworker with an offensive […]

Harassment Policies Still #1, But Social Media Biggest Challenge (Policy Survey Results)

Harassment and discrimination policies are the still the most widely implemented policies, but social media policies are the most likely to cause a challenge in the coming year, according to a recent survey of HR policies conducted by BLR and the Daily Advisors. Thanks to all who participated! Here are the detailed results: Most Common […]

EEOC: Employers Must ‘Get Up to Speed’ on New ADA

Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]